Mrmos v Body Corporate for Silverpine Villas
[2012] QCAT 129
•23 March 2012
| CITATION: | Mrmos v Body Corporate for Silverpine Villas CTS8160 [2012] QCAT 129 |
| PARTIES: | Vladimir Mrmos |
| v | |
| Body Corporate for Silverpine Villas CTS8160 |
| APPLICATION NUMBER: | OCL158-11 |
| MATTER TYPE: | Other civil dispute matters |
| HEARING DATE: | 23 March 2012 |
| HEARD AT: | Brisbane |
| DECISION OF: | P J Hanly, Member |
| DELIVERED ON: | 23 March 2012 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. Application dismissed. 2. Each party to bear its own costs. |
| CATCHWORDS: | Jurisdiction – complex disputes – application not within jurisdiction of Tribunal Body Corporate and Community Management Act 1997 |
APPEARANCES and REPRESENTATION (if any):
There was no appearance by either party, as the matter was determined on the papers.
REASONS FOR DECISION
On 19 December 2011 Mr Mrmos lodged an application in the Tribunal seeking orders that certain motions passed at an annual general meeting of the Body Corporate held on 12 May 2010 be declared invalid, and further, that he be reimbursed for any and all payments made by him in excess of “schedule amounts”. Finally, Mr Mrmos sought an order that he be declared as being financial for the purposes of voting at any future Body Corporate meetings.
On the same date, Mr Mrmos also filed an application for interim orders that the Body Corporate “cease and dissest (sic) from any further enforcement action in relation to any or all contributions payable by (him)” and “that the orders made by this Tribunal remain in force for a duration as required to allow (him) to obtain a ruling or order from the Commissioner or adjudicator pursuant to the Body Corporate and Community Management Act 1997”.
On 22 December 2011 the Tribunal issued directions requiring that the Body Corporate be served with the applications, requiring Mr Mrmos to file further submissions in support of his applications, and allowing time for the Body Corporate to respond. The applications were listed for a Directions Hearing on 16 February 2012.
On 11 February 2012 the Body Corporate lodged an application for miscellaneous matters seeking the dismissal of Mr Mrmos’ application on the basis that the Tribunal did not have jurisdiction.
On 13 February 2012 Mr Mrmos lodged an application for miscellaneous matters seeking to amend his application lodged on 19 December 2011.
On 16 February 2012 the Tribunal directed that the parties file material in response to the respective applications for miscellaneous matters, and further directed that the applications be determined on the papers without an oral hearing.
On 19 March 2012 Mr Mrmos lodged an application for miscellaneous matters seeking leave to reply to the Body Corporate’s submissions filed on 7 March 2012.
I propose to deal firstly with the application to dismiss Mr Mrmos’ application, on the basis that the Tribunal does not have jurisdiction to hear it.
The Tribunal has jurisdiction to deal with matters it is empowered to deal with under the Queensland Civil and Administrative Tribunal Act 2009 or an enabling Act.[1]
[1] Section 9 QCAT Act 2009.
The relevant enabling Act is the Body Corporate and Community Management Act 1997 (BCCM Act).
Under the BCCM Act, the jurisdiction conferred on this Tribunal relates to complex disputes[2]. These disputes are summarised in Part C of the applications Form 28 and Form 29, and can be broadly described as disputes about:
· A review of terms of service contract;
· The transfer of management rights;
· A claimed or anticipated contractual matter;
· A review of exclusive use by-laws;
· Adjustments of a lot entitlement schedule
[2]Complex dispute – defined in Schedule 6 of the BCCM Act – see also ss 47(B)(3)(a), 48(1)(a), 385(8)(a), 387(6)(a), 133, 149A, 149B,178.
The only remedy for a dispute that is not a complex dispute is resolution by a dispute resolution process within the Office of the Commissioner for Body Corporate and Community Management or an order of the QCAT appeal tribunal on appeal from an adjudicator.[3]
[3] Section 229 BCCM Act.
Mr Mrmos’ application does not fall within the definition of a complex dispute. Accordingly, it must be dismissed, as the Tribunal does not have jurisdiction.
In light of this finding, it is not necessary for me to deal with Mr Mrmos’ application to amend his original application, as the proposed amendment did not bring the matter into the realm of a complex dispute.
Furthermore, the reply that Mr Mrmos sought to include in the material by lodging his application on 19 March 2012 did not advance the matter in relation to jurisdiction, and does not alter my findings in that regard.
The solicitors for the Body Corporate have sought an order for costs.
Section 100 of the QCAT Act provides that each party to a proceeding must bear its own costs, unless the Tribunal considers that the interests of justice require it to make an order for costs against a party.[4]
[4] Sections 102 and s 48(1)(a) to (g) QCAT Act.
The Body Corporate responded to the application as directed by the Tribunal. It correctly identified that the Tribunal does not have jurisdiction in this matter.
I am not satisfied that the interests of justice require any departure from the usual position of each party bearing its own costs, and have ordered accordingly.
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